By: Turner of Tarrant H.B. No. 4086       A BILL TO BE ENTITLED   AN ACT   relating to standards for and regulation of elevators, escalators,   and similar equipment in single-family dwellings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 754.013, Health and Safety Code, is   amended to read as follows:          Sec. 754.013.  BOARD DUTIES. To protect public safety and to   identify and correct potential hazards, the board shall advise the   commission on:                (1)  the adoption of appropriate standards for the   installation, maintenance, alteration, operation, testing, and   inspection of equipment;                (2)  the status of equipment used by the public in this   state;                (3)  sources of information relating to equipment   safety;                (4)  public awareness programs related to equipment   [elevator] safety, including programs for sellers and buyers of   single-family dwellings with equipment [elevators, chairlifts, or   platform lifts]; and                (5)  any other matter considered relevant by the   commission.          SECTION 2.  Section 754.0141, Health and Safety Code, is   amended to read as follows:          Sec. 754.0141.  STANDARDS FOR EQUIPMENT IN SINGLE-FAMILY   DWELLINGS; REQUIRED INFORMATION. (a) Equipment [Elevators,   chairlifts, or platform lifts] installed in a single-family   dwelling on or after January 1, 2004, must comply with the ASME Code   A17.1 or A18.1, as applicable. Equipment installed or altered in a   single-family dwelling[, and] must be inspected by a registered   elevator inspector after the installation or alteration is   complete. The inspector shall provide the dwelling owner a copy of   the inspection report.          (b)  The commission shall adopt rules containing minimum   safety standards for:                (1)  [that must be used by] registered elevator   inspectors to use when inspecting equipment installed in   single-family dwellings; and                (2)  registered contractors to use when installing,   altering, testing, or removing from service any unit of equipment   [elevators, chairlifts, and platform lifts] installed in   single-family dwellings.          (b-1)  The rules adopted under Subsection (b) must require a   registered contractor to submit to the department for the   department's review plans for installing or altering any equipment   in a single-family dwelling.          (c)  A municipality may withhold a certificate of occupancy   for a dwelling or for the installation or alteration of equipment   [the elevator or chairlift] until the owner provides a copy of the   inspection report to the municipality.          (d)  A registered elevator inspector or registered   contractor who removes from service [is not required to report to   the department any information concerning] equipment in a   single-family dwelling shall provide documentation of the removal   to the dwelling owner and the department [or the contractor's work   on the equipment].          (e)  On completing installation or alteration of equipment   in a single-family dwelling, a registered contractor shall provide   the dwelling owner with relevant information, in writing, about   use, safety, and maintenance of the equipment, including the   advisability of having the equipment annually [periodically and   timely] inspected by a registered elevator inspector.          (f)  An inspection by a registered elevator inspector of   equipment in a single-family dwelling may be performed only at the   request and with the consent of the owner. The owner of a   single-family dwelling is not subject to Section 754.019, 754.0231,   754.0232, 754.0233, 754.0234, or 754.0235.          (g)  A registered contractor who installs or alters an   elevator in a single-family dwelling shall:                (1)  ensure the space between the hoistway face of the   landing door or gate and the hoistway face of the car door or gate   does not exceed four inches; and                (2)  as necessary install a space guard or equivalent   product that ensures the space requirement of Subdivision (1) is   satisfied.          SECTION 3.  Section 754.015(a), Health and Safety Code, is   amended to read as follows:          (a)  The commission by rule shall provide for:                (1)  an annual inspection and certification of the   equipment covered by standards adopted under this chapter;                (2)  enforcement of those standards;                (3)  registration, including certification, of   elevator inspectors;                (4)  registration of contractors;                (5)  the procedures by which a certificate of   compliance is issued and displayed;                (6)  notification to building owners, architects, and   other building industry professionals regarding the necessity of   annually inspecting equipment;                (7)  approval of continuing education programs for   registered elevator inspectors;                (8)  standards of conduct for individuals who are   registered under this chapter;                (9)  general liability insurance written by an insurer   authorized to engage in the business of insurance in this state or   an eligible surplus lines insurer, as defined by Section 981.002,   Insurance Code, as a condition of contractor registration with   coverage of not less than:                      (A)  $1 million for each single occurrence of   bodily injury or death; and                      (B)  $500,000 for each single occurrence of   property damage;                (10)  the submission and review of plans for the   installation or alteration of equipment, including equipment in a   single-family dwelling;                (11)  continuing education requirements for renewal of   contractor registration;                (12)  maintenance control programs, maintenance,   repair, and parts manuals, and product-specific inspection,   testing, and maintenance procedures;                (13)  the method and manner of reporting accidents and   reportable conditions to the department; and                (14)  an owner's designation of an agent for purposes of   this chapter.          SECTION 4.  Section 754.026, Health and Safety Code, is   amended to read as follows:          Sec. 754.026.  DISCLOSURE OF E-MAIL ADDRESS. (a) Except as   provided by Subsection (b) and notwithstanding [Notwithstanding]   any other law, an e-mail address provided to the department   relating to an inspection or review of plans under this chapter is   not confidential and is subject to disclosure under Chapter 552,   Government Code.          (b)  Subsection (a) does not apply to an e-mail address   provided to the department relating to an inspection or review of   plans for single-family dwellings.          SECTION 5.  Effective January 1, 2022, Section 754.0111(b),   Health and Safety Code, is repealed.          SECTION 6.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2021.